Mr David Michael Scofield, of Willetton, Western Australia, has been convicted in the Perth Magistrates Court for engaging in conduct that resulted in the fraudulent removal of company property.

Mr Scofield, who went by the name ‘Demo Dave’, was the director of demolition and asbestos removal company Rhino (WA) Pty Ltd (ACN 105 829 516) (Rhino (WA)), which was wound up on 12 February 2020.

An ASIC investigation found that Mr Scofield deposited a cheque totalling $32,423.60, which was owed and payable to Rhino (WA), into the account of Action Asbestos & Demolition Pty Ltd (ACN 639 633 926), of which he was also a director. Mr Scofield took steps to conceal these funds from the liquidators of Rhino (WA) and the funds were never provided to the liquidators.

In sentencing, the presiding Magistrate described Mr Scofield's conduct as toward the upper end of the scale of seriousness. Mr Scofield was convicted and fined $8,000.

ASIC’s investigation was aided by a supplementary report lodged by the liquidators of Rhino (WA), Hugh Milne and Richard Rohrt, then of Hamilton Murphy. ASIC assisted the liquidators in preparing the supplementary report by providing grant funding from the Assetless Administration Fund.  

As a result of the conviction, Mr Scofield, who is currently disqualified from managing corporations until 16 November 2026, is further disqualified from acting in the management of a corporation until 7 August 2028.

The matter was prosecuted by the Commonwealth Director of Public Prosecutions.

Background

A person who, being a past or present officer or employee of company, contravenes section 590(1)(c)(i) of the Corporations Act if, after the relevant day, they engage in conduct that resulted in the fraudulent concealment of any part of the property of the company to the value of $100 or more.

The maximum summary penalty for a contravention of section 590(1) at the time of the offending was 12 months’ imprisonment, a fine of $13,320, or both.